Am I entitled to a settlement from a work comp claim?


So, a lot of clients of mine are surprised about, at the end of the case, they are entitled to a lump-sum settlement or any type of settlement at all after the medical treatment and the wages have been taken care of, and the client’s back to full duty. So the question is, am I entitled to a settlement, and if so, how much? 

Number one, the answer is yes, you are. Regardless of the injury, no matter how small or how large, you are entitled to a lump-sum settlement for any remaining, what the law calls, disability. But really, the way we look at it is, anytime you injure a body part, it’s never going to be as good as new. 

So the law allows us to make a recovery for you for that diminished function or use of the body part. And again, no matter how small or how large the injury, we feel that there is a settlement entitled to every case. Additionally, if you are completely disabled to where you can’t work at all, then the law allows you a different remedy, which we call permanent total disability.

So, how do you figure that out? How much? That’s the big question. And that is a very complicated answer. It’s based on a formula that is written by the legislature, set in statute. So that’s something that really, we need to sit down with you, show you the law, show you how it works, and then move forward with negotiating and resolving that part of your claim. 

We’d love to work with you in your workers’ compensation case and help you navigate the more difficult and tricky area of Missouri workers’ comp law. Terry and I have been doing this for almost 30 years, and we love to work with clients in this area of law. Check out our information below.